This bench allowed an application for condonation of delay in filing an appeal before the School Tribunal based on the petitioner's undertaking not to claim back wages. The impugned order rejecting the delay application was quashed.
Application for condonation of delay allowed; impugned order rejected; Tribunal directed to register appeal.
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1 W.P.No.3780/12
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY
BENCH AT AURANGABAD.
WRIT PETITION NO.3780 OF 2012.
Krishna S/o Gyanuji Kharat,
Age 42 years, Occ.Nil,
R/o At post Akola (Dev.),
Tq.Jafrabad, Dist.Jalna. ... Petitioner.
Versus
1. Jalna Education Society,
through its President,
Tq. and Dist.Jalna.
2. Jalna Education Society's
R.G.Bagadiya Arts,
SBH Lokhotiya Commerce,
R. Benzi Science, Tq.
and Dist.Jalna.
3.The Deputy Director,
Vocational Training and
Education, Regional Office
at Aurangabad, Tq. and
Dist.Aurangabad. ... Respondents.
Mr.S.R.Kolhare, advocate for the Petitioner.
Mr.A.D.Gadekar, advocate for the Respondent Nos.
1 and 2.
Mr.V.G.Shelke, Asstt. Govt. Pleader for
Respondent No.3.
2 W.P.No.3780/12
CORAM : S.V.GANGAPURWALA,J.
Date : 27.08.2012.
ORAL JUDGMENT :
1.Heard.
2.Rule. Rule returnable forthwith. With
the consent of the parties, the petition is taken
up for final hearing.
3.The application for condonation of
delay of 11 months and 18 days in filing appeal
before the School Tribunal, Aurangabad, is
rejected. Aggrieved thereby, the present
petition.
4.Mr.Gadekar, learned counsel for the
Respondents submits that the Tribunal has
properly considered all the facets of the matter
and has rightly rejected the application. No
sufficient cause is stated in the application.
The Tribunal has rightly exercised its discretion
and rejected the application.
3 W.P.No.3780/12
substantial justice and technical considerations
are pitted against each other, the cause for
substantial justice should be sub-served.
6.The petitioner has given reasons in the
application. Moreover, the petitioner to show
his bonafides has filed an undertaking to this
Court stating that if his appeal is allowed then
he will not claim back wages from the date of
termination till the judgment of the appeal.
7.Taking into account the reasons given
in the application for condonation of delay and
the undertaking filed before this Court, I am
inclined to allow the application for condonation
of delay.
8.In light of the above, the impugned
order is quashed and set aside. The Tribunal
shall register the appeal filed by the petitioner
if it otherwise complies with all other legal
requirements.
9.In case the Tribunal is inclined to
4 W.P.No.3780/12
allow the appeal then the petitioner is not
entitled for back wages from the date of
termination till decision of appeal in view of
the undertaking filed by the petitioner in this
Court. The parties shall appear before the
Tribunal on 12.9.2012.
10.Rule accordingly made absolute in above
terms. No costs.
(S.V.GANGAPURWALA,J.)
asp/office/wp378012
1 issue framed by the court
Whether to allow condonation of delay in filing an appeal before the School Tribunal.
Krishna S/o Gyanuji Kharat
Jalna Education Society
The Deputy Director, Vocational Training and Education
S.V.GANGAPURWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court